Faced with today’s sky-high levels of Congressional inertness, the only way to fix those things is by amending the Constitution. And right now that’s too hard. Look at the trial and travails of the Equal Rights Amendment. First proposed to the states in 1972, only 35 states voted to ratify the ERA before the expiration of the deadline set by Congress in 1979. But in the wake of the #MeToo movement, three more states voted to ratify the ERA — Virginia just last year — bringing the total number of states to the 38 needed to amend the Constitution. But in the meantime, five states voted to repeal their ratification. Can Congress set deadlines for ratification? Can states “unratify” before an amendment reaches 38? Nevada, Illinois and Virginia have filed a lawsuit against the National Archivist of the United States to recognize the ERA as part of the Constitution. So far, they’ve lost.

This means that to amend the Constitution at this point, you are going to need 34 states or two thirds of each house of Congress to propose an amendment at a time when they aren’t inclined even to pass legislation with a simple majority. Then, state legislatures of 38 states have to agree to the amendment. And in the meantime, you have to keep all the states that have already voted to ratify from taking back their ratification until you get to 38.

This is not a recipe for the long term survival of a self-governing people. Neither side is benefiting from this turgid system of governance.